If my company is letting me go after 19 years and I’m 52 years old, do I have any legal recourse?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my company is letting me go after 19 years and I’m 52 years old, do I have any legal recourse?

They say it is due to reorganization/cost cutting. They’ve offered me a severance package.

Asked on December 28, 2015 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that in any employment discrimination case, it may be difficult for an employee to prove that discrimination actually took place. In a situation such as this you would need to prove that it was based on your age. And you gave no specific details of your situation.
In such cases, the plaintiff must prove by a “preponderance of the evidence” that age was the “but-for cause” of their employer’s action (i.e. termination). “Preponderance of the evidence” means that the employee must show that the evidence makes it more likely than not that age was the cause. “But-for cause” means that the employer would not have done what it did “but for” the employee’s age. In other words, without it the discrimination would not have occurred; it was the deciding factor in the employe's discharge.
At this point, you should consult directly with a local employment law attorney. They can go over the details of your situation and best advise you further. Additinally, if you believe that you have been illegally discriminated against due to your age, you can file a complaint with the Equal Employment Opportunity Commission. Finally, you can contact your state's department of labor.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption